Periyasamy, Aged 71 Years, v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP.No. 3208 of 2018 Periyasamy

...Petitioner

Vs.

1. The Superintendent of Police, Namakkal District, Namakkal.

2. The Inspector of Police, Rasipuram Police Station, Rasipuram Taluk, Namakkal District.

3. Jayapal 4.Shanmugam (R3 & R4 are impleaded as per the order of this Court dated 08.02.2018 made in Crl.MP.No.1777 of 2018 in Crl.O.P.No.3208 of 2018) ....Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to direct the respondents to provide adequate police protection to the petitioner land to construct a fencing in Ward - D, Block - 8, Town Survey No.107, Kaatukottai, Konerypatti, Rasipuram based on the representation dated 29.06.2017.

For Petitioner : Mr.K.Balu For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 & R2 : Mr.C.Jagadish for R3 & R4 https://hcservices.ecourts.gov.in/hcservices/

ORDER

This Criminal Original Petition has been filed seeking for police protection.

2. It is seen from records that there is a dispute between the petitioner and the respondents 3 and 4 with regard to the title and right over the property. The petitioner wants to put up a fence around the property and the same is resisted by the respondents 3 and 4.

3. In a case of this nature, the petitioner has to necessarily approach the appropriate Civil Court and seek for a remedy. The police cannot interfere in matters of this nature.

4. In the result, the Criminal Original Petition is dismissed by giving liberty to the petitioner to workout his remedy before the appropriate Civil Court in accordance with law.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar dh To

1. The Superintendent of Police, Namakkal District, Namakkal.

2. The Inspector of Police, Rasipuram Police Station, Rasipuram Taluk, Namakkal District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Jagadish, Advocate, S.R.No.1698 +1cc to Mr.K.Balu, Advocate, S.R.No.2005 CRL.OP.No. 3208 of 2018 SS(CO) GSP(08/02/2019) https://hcservices.ecourts.gov.in/hcservices/